Pennsylvania

  • February 23, 2018

    Court Frees Dealership To Sell Assets After Audi Roadblock

    A Pennsylvania federal judge on Friday unsealed an order allowing Wyoming Valley Audi to sell its dealership after Audi of America had sued to block the $17 million sale, citing a right of first refusal as called for in its 1997 dealer contract, finding that Audi could not exercise the option once its assets were removed from the sale.

  • February 23, 2018

    Pa. Tort Ruling Highlights Discrepancies In Jury Instructions

    A recent appeals court decision reaffirming Pennsylvania’s new scheme for defining strict liability in product defect cases underscores what defense attorneys say is the significant chasm between the current state of the law and how model jury instructions continue to lay out the concept.

  • February 23, 2018

    Philly Atty Disbarred After Soliciting 14-Year-Old Girl

    The Supreme Court of Pennsylvania has disbarred an attorney who pled guilty to soliciting an underaged girl forced into prostitution, who reported that the two had sex in his office.

  • February 23, 2018

    Philly Bar Chancellor Rips Calls For Justices' Impeachment

    The chancellor of the Philadelphia Bar Association on Friday lambasted the growing number of Republican politicians calling for the impeachment of state Supreme Court justices who in January ordered the redrawing of congressional districts to correct for partisan gerrymandering.

  • February 23, 2018

    Pa. Treasurer Targets 3 Banks In Lending Disparity Probe

    The Pennsylvania Treasury has announced an official inquiry into Wells Fargo, Santander Bank and PNC Financial Services over alleged racial and ethnic disparities in home mortgage lending that have been identified in a recent report from the Center for Investigative Reporting.

  • February 23, 2018

    Pepper Hamilton Settles With Philly Union Boss Ex-Client

    Pepper Hamilton LLP on Thursday agreed to settle accusations that it breached its duty to politically influential Philadelphia union boss John Dougherty, a former client, by taking advantage of confidential information about a criminal investigation he faced to defend the Philadelphia Inquirer in a libel suit.

  • February 22, 2018

    Pa. Appeals Court Won't Revive USA Tech Derivative Suit

    A Pennsylvania appeals court said Thursday it would not revive a derivative lawsuit over inflated income reports by payment processor USA Technology Inc. as a result of the company’s failure to properly account for uncollectible debts from customers.

  • February 22, 2018

    3rd Circ. OKs FBI Malware Warrant In Child Porn Case

    The Third Circuit said Wednesday that a magistrate judge overstepped her authority when she let the FBI use malware to identify suspects in a massive child pornography sting, but broke new legal ground by ruling that the evidence was allowed because law enforcement had obtained the search warrant in good faith.

  • February 22, 2018

    Tops Supermarket Can Tap $265M Ch. 11 Financing

    Regional supermarket chain Tops Markets LLC won approval for up to $265 million in financing for its nearly $1.2 billion Chapter 11 restructuring in New York bankruptcy court Thursday.

  • February 22, 2018

    Judge OKs $9.3M Settlement In Ambit Rate-Hike Suit

    A Pennsylvania federal judge on Thursday greenlit a $9.3 million settlement of a proposed class action claiming an Ambit Energy Holdings LLC unit jacked up customers' rates after luring them into switching energy providers with promises of lower prices, a suit the Third Circuit revived after it was originally dismissed.

  • February 22, 2018

    NJ Hotel Escapes Patron's Infection Suit At 3rd Circ.

    The Third Circuit on Wednesday affirmed a ruling for Windrift Hotel Resort in litigation brought by a woman whose leg was amputated after she contracted sepsis and a bacterial skin infection from raw clams, saying there wasn’t enough evidence that the Jersey Shore establishment was to blame for the allegedly defective food.

  • February 22, 2018

    Pa. Attys’ $38K Sanctions Halted For 3rd Circ. Appeal

    Three Pennsylvania attorneys sanctioned for lodging a groundless proposed class action against a surgery center were granted a reprieve from paying approximately $38,000 in penalties after a federal judge halted the case on Wednesday pending a Third Circuit appeal.

  • February 22, 2018

    Pa. Ruling May Spur More Class Suits Against In-State Cos.

    In the wake of a recent Pennsylvania Supreme Court finding that nonresidents can sue Pennsylvania businesses over out-of-state transactions under the state’s consumer protection statute, experts expect a rise in the number of national class actions targeting Keystone State companies, which will test the court’s expectation that other legal principles will ward off unjustified claims.

  • February 22, 2018

    US Airways Owes Worker For Bus Injury, Pa. Court Says

    A Pennsylvania appeals court issued a published decision Thursday allowing a US Airways flight attendant to receive workers' compensation benefits after she slipped while on a shuttle bus transporting her between a Philadelphia International Airport terminal and a city-owned employee parking lot.

  • February 21, 2018

    Warrantless Cellphone Searches Won't Fly, Pa. Top Court Says

    Pennsylvania's highest court on Wednesday struck down evidence obtained as a result of the warrantless search of a flip cellphone seized from a murder suspect, finding that a 2014 ruling by the U.S. Supreme Court confirmed the "exceedingly simple" rule that law enforcement needs to "get a warrant" if it wants to look through any cellphone. 

  • February 21, 2018

    Enviros Say Pa. DEP Wrongly OK'd Brownfield Development

    A Pennsylvania environmental group on Wednesday challenged an agreement between the Department of Environmental Protection and a developer for a proposed townhouse project on a suburban Philadelphia brownfield site, telling the Environmental Hearing Board the state hid key details from the public.

  • February 21, 2018

    Xarelto User Says Pa. Judge Wrongly Axed $28M Award

    A woman who won a $28 million verdict in a bellwether case over injuries allegedly linked to the blood thinner Xarelto has argued the Pennsylvania judge who threw out her damages award ignored evidence that additional warnings would not have changed her doctor's decision to prescribe the medication.

  • February 21, 2018

    State Can Be Liable Over Guardrail In Crash, Pa. Justices Rule

    The Pennsylvania Supreme Court on Wednesday cleared the way for a lawsuit against the state’s Department of Transportation over an allegedly dangerous guardrail as it ruled that exemptions to sovereign immunity applied to more than just roadway conditions.

  • February 21, 2018

    Finance Cos. Told To Stop Contacting Ex-NFL Players

    The Pennsylvania federal judge overseeing the uncapped concussion settlement on Tuesday ordered a group of related financial firms to stop contacting former National Football League players following allegations from class counsel that the firms are pressuring players to hand over their retirement accounts.

  • February 21, 2018

    Cozen Can't Exit Suit Over Ex-Atty's Alleged Conspiracy

    A Pennsylvania federal judge has ruled Cozen O'Connor must face a suit brought by corporate investors who claim the firm is responsible for the actions of one of its former attorneys accused of misleading them on a Philadelphia real estate project, but tossed the claims tied to the attorney's alleged actions after leaving the firm.

Expert Analysis

  • Litigation Over The Flu Shot: A New Symptom Of Flu Season

    Howard Miller

    Recent legal challenges beg the question: Can an employer lawfully require its employees to be vaccinated against the flu? Although this is a relatively straightforward question, the answer is far from simple and implicates federal, state and even local law, say Howard Miller and Jessica Moller of Bond Schoeneck & King PLLC​​​​​​​.

  • Register Your California Cannabis Trademarks Now

    Joshua Cohen

    Any cannabis business that is holding its breath waiting for the U.S. Patent and Trademark Office to start registering cannabis-related trademarks should give up. But those located in states that have legalized recreational and/or medicinal cannabis should immediately seek state trademark registration where available, says Joshua Cohen, leader of Wendel Rosen Black & Dean LLP's intellectual property group.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Emerging Trends In FCA Enforcement: 2018 Outlook

    Vince Farhat

    Two new policies from the U.S. Department of Justice, along with ongoing developments concerning the elements of scienter and materiality stemming from the landmark U.S. Supreme Court decision in Escobar, have the potential to significantly change the landscape of False Claims Act enforcement in the year ahead, say attorneys with Holland & Knight LLP.

  • 'Throw' Your Mini-Opening To Get The Best Jury Possible

    Christina Marinakis

    In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire. You can use this as an opportunity to identify your worst jurors and get them removed from the panel — by previewing your case weaknesses and withholding your strengths, says Christina Marinakis of Litigation Insights.

  • Eminent Domain In The Wake Of Natural Disasters

    Briggs Stahl

    When states and municipalities rebuild permanent infrastructure following disasters, they may be able to reduce the damages caused by eminent domain by planning carefully. In particular, examining preventative solutions allows more time for planning and designing projects to reduce future damages to owners, says Briggs Stahl of RGL Forensics.

  • Your Case Was Remanded By The MDL Court — Now What?

    Brandon Cox

    Multidistrict litigation is an ever-expanding driver of product liability litigation, but when the MDL process runs its course there is often still a trial to be had, and there are strategic and practical decisions to consider once a case has been remanded. Brandon Cox and Charissa Walker of Tucker Ellis LLP offer tips on how to navigate the remand process.